Stephen M. O'Brien III, PLLC - Personal Injury Attorneys
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Kentucky man sues doctors and others after misdiagnosis of HIV

It is hard to imagine what it would be like to believe you were living with HIV for eight years, and then suddenly learn you never even had the virus. That is exactly what happened to a 43-year-old man from Kentucky, though. He was misdiagnosed back in 2004 after a visit to the emergency room. He was told he had HIV, the virus that causes AIDS, and he wouldn’t learn otherwise until August 2012. As a result, he is suing the University of Kentucky Medical Center and several physicians, as well as the Fayette County Health Department and the Bluegrass Care Clinic.

According to the man’s attorney, a complete set of tests for HIV was never ordered for his client. As a result of this medical negligence, the man suffered immensely. The man said he distanced himself from his family because he didn’t want them to see his health deteriorate. He said that “emotionally, mentally, it destroyed me…In 2009, when things got really bad for me, suicide was a strong options for me.”

In many medical malpractice cases, the plaintiff knows what happened immediately – or at least within a few days of the error. This man, however, had to live eight years with the mistake. His entire life changed and according to his attorney, it was all because the “standard-of-care-protocol methodologies for HIV testing were never done.”

When medical malpractice occurs, it can often result in serious injury, illness or even death. In this case, the opposite was true, but that doesn’t make the case any less significant. Personal injury attorneys help represent the victims of medical malpractice, ensuring that the medical professionals and entities responsible for the errors are held accountable.

Source:, “Kentucky Man Bobby Russell Suing After Doctors Misdiagnosed Him With HIV” Evan Bleier, Sep. 02, 2013

O'Brien Batten & Kirtley, PLLC is located in Lexington, KY and serves clients in and around Lexington, Keene, Nicholasville, Versailles, Midway, Georgetown, Wilmore, Paris, Bourbon County, Fayette County, Jessamine County, Scott County and Woodford County.

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